HB408 Alabama 2010 Session

Sponsors

Session

Regular Session 2010

Title

Child custody, parent deployed in military service outside of state, not construed to waive any rights or protections with regard to custody of or visitation with the deployed parent's child or children, exception (2010-20334)

Description

Existing law requires that custody be ordered according to the best interest of the child. Existing law makes no provision for maintaining custody when a parent is called to active duty in the military.

This bill would prohibit a court from modifying an order granting custody of a child if the party who has custody is a member of the Alabama National Guard or a branch of the armed services and he or she has been called to active duty. This bill would provide exceptions if the court determines that modifying the order is in the best interest of the child and the party has either died while on active duty or is no longer able to provide adequate care for the child.

This bill would prohibit a court from basing a determination of the best interest of the child on a parent's separation from his or her child due to active military duty.

This bill would also prohibit courts from making a final determination as to custody while a parent is away on active military duty.

To prohibit a court from modifying an order granting custody of a child if the party who has custody of the child is a member of the Alabama National Guard or the armed services and he or she has been called to active duty; to provide exceptions; to prohibit a court from basing a best interest determination on the separation of a parent from the child due to active military duty; and to prohibit courts from making final custody determinations until a parent returns from active military duty.

Subjects

Family Law